On April 27, 2024, the Shanghai Jingan Procuratorate (静安区检察院) announced the successful prosecution of defendant Gong XX for counterfeiting registered trademarks of Burberry. On February 23, 2024, the Shanghai No. 3 Intermediate People’s Court upheld an earlier judgment sentencing Gong to 5 years in prison and a 2 million RMB fine. Shanghai seems to be becoming a preferred venue for foreign rights holders for enforcement of criminal IP laws. This same Court also recently affirmed a 9-year prison sentence for …
Category: Trademarks
China’s National Intellectual Property Administration Releases Typical Cases of Administrative Enforcement – Trademark
On April 26, 2024, China’s National Intellectual Property Administration (CNIPA) released the 2023 Typical Cases of Administrative Enforcement (2023年度知识产权行政保护典型案例). The 30 cases covers patents, trademarks and geographical indications. Administrative enforcement in China provides an alternative to enforcement through the court system and can be faster and less expensive than going to trial. However, while damages are unavailable defendants can be fined. Note though fines can be quite high as the 12 million RMB fine in the first case below indicates.
China’s Supreme People’s Court Releases Summary of the Supreme People’s Court’s Annual Report on Legal Application in Intellectual Property Cases (2023)
On April 24, 2024, China’s Supreme People’s Court (SPC) released the Summary of the Supreme People’s Court’s Annual Report on Legal Application in Intellectual Property Cases (2023) (最高人民法院知识产权案件法律适用问题年度报告（2023）摘要). The annual report “sorts out the following 41 legal application issues from the intellectual property cases concluded by the Supreme People’s Court in 2023.” While not black letter law in the common law sense, the judgements may be intended to be influential among lower courts.
USTR Releases 2024 Special 301 Report on IP Protection – China Remains on the Priority Watch List
On April 25, 2024, the Office of the United States Trade Representative (USTR) today released its 2024 Special 301 Report on the adequacy and effectiveness of U.S. trading partners’ protection and enforcement of intellectual property (IP) rights. China remains on the priority watch list with the USTR stating: there remain many serious concerns regarding IP protection and enforcement in the People’s Republic of China (PRC). In 2023, the pace of reforms in the PRC remained slow. Stakeholders continue to raise …